Construction Change Order Claims, Fourth Edition

Construction Change Order Claims brings you up-to-date with the latest methods for determining value of work or all types of projects. Commonly encountered claim issues are covered in detail, including:

• Surety issues
• Evaluating changes resulting from ambiguous specifications or inadequate design
• Measuring the cost impact of delays
• Proving the price of damages

This all-in-one resource guides you through every type and aspect of change claims, offering hands-on guidance and analysis from 25 experienced practitioners. Construction Change Order Claims helps you quickly answer difficult questions such as:

• Is a change order on a construction project an “extra”—or is it included within the scope of the basic contract price?
• When does an owner’s unintentional interference cross the line between a mere impairment or hindrance to an alteration of the contractor’s intended methods of performance?
• What specific circumstances support the use of the cardinal change doctrine?
• What circumstances must be present to employ the Percentage of Completion accounting method?

Construction Change Order Claims delivers:

• Innovative defenses to avoid being bound by a release
• Guidance for anticipating contractor defenses, and for preparing opposing arguments
• Practical tips and accounting tools for evaluating progress and calculating payments
• Federal, state and local certification requirements for public and private projects
• And more!

Note: Online subscriptions are for three-month periods.

Previous Edition: Construction Change Order Claims, Third Edition ISBN 9781454899969¿

1. THE OWNER’S RIGHT TO MAKE CHANGES AND THE CONTRACTOR’S RIGHT TO BE PAID
2. SCOPE OF TYPICAL CLAUSES
3. AUTHORITY TO ORDER CHANGES
4. FORMAL CHANGE ORDERS AND CONSTRUCTIVE CHANGES
5. CHALLENGING THE FINALITY OF AN EXECUTED CHANGE ORDER
6. CONTRACTOR CERTIFICATIONS AND FALSE CLAIMS
7. CHANGES RESULTING FROM BREACH OF IMPLIED WARRANTIES, MISREPRESENTATION, AND NON-DISCLOSURE OF SUPERIOR KNOWLEDGE
8. CHANGES RESULTING FROM AMBIGUOUS SPECIFICATIONS
9. CHANGES THAT RESULT FROM DELAYS AND INTERFERENCES
10. CHANGES RESULTING FROM IMPOSSIBILITY OR IMPRACTICABILITY OF PERFORMANCE
11. THE CARDINAL CHANGE
12. CHANGES RESULTING FROM TERMINATION
13. NOTICE REQUIREMENTS FOR CHANGES AND RELATED CLAIMS
14. PRE-LITIGATION ADVICE FOR CHANGE ORDER CLAIMS
15. PREPARING AND DEFENDING A CLAIM FOR DAMAGES: A PRACTICAL GUIDE
16. SURETY ISSUES PERTAINING TO CHANGES
17. ACCOUNTING FOR CHANGE ORDERS: HOW AND WHEN TO RECOGNIZE REVENUE FROM CHANGE ORDERS
18. PROVING AND PRICING DAMAGES

Table of Cases

Index